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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5422
Experience:  Dip Law LPAB - Sydney based lawyer
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My neighbor has been watering there yard and it now flows

Customer Question

My neighbor has been watering there yard and it now flows into my yard . The. Section of yard now smells and it is starting to floe under the house . I am wondering were stand.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.
If your neighbour is applying water to his/her land in a way that overflows onto yours then technically you could sue him for nuisance and claim compensation and/or obtain an injunction to stop the offending excess watering. Whilst neighbours are not responsible for natural waterways that flow or overflow onto neighbour's land, they are responsible if their actions cause such flows.Whether it is something that is actually worth actioning in court or not will depend on how big a problem is being caused, but what you describe does sount like an issue that will require some legal action if you cannot get your neighbour to see sense and either reduce their watering to a level where the water is absorbed by his own land, or that they ensure there is drainage in place on their land so that excess water does not flow onto neighbouring properties.Naturally, the cost of litigation being what it is, your best bet is to negotiate with your neighbour on an informed basis, and I trust my advice above assists you in that regard.Good luck and please rate my answer.Patrick